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State v. Colvard

The defendant's uncle lacked authority to consent to the officer's search of the defendant's locked bedroom where officers discovered the murder weapon.

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This is an appeal by the State from an order of the superior court granting defendant Antonio Colvard’s written motion to suppress certain physical evidence and his oral motion to suppress his resulting confession, to be used in his prosecution for murder and other crimes. For the reasons which follow, we affirm.

On April 27, 2012, a Fulton County grand jury returned a 13-count indictment against Colvard, charging him with murder and the related crimes of aggravated assault, theft, concealment of a death, and drug and firearms possession in connection with the January 24, 2012 fatal shooting of Robert Davis. On March 7, 2013, Colvard filed a motion to suppress certain physical evidence resulting from what initially was a warrantless search of the bedroom he used in his uncle’s “Uncle” apartment. There was a suppression hearing on July 30, 2013, at which Uncle and two police officers involved in the search testified. At the hearing, Colvard made an oral motion to suppress his confession resulting from the alleged illegal search.1 Following the hearing, on August 7, 2013, the superior court entered its order suppressing the obtained physical evidence as seized pursuant to an unlawful search and Colvard’s confession as “fruit of the poisonous tree.”2

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